Preface | p. xiii |
Introduction: Rights and Liberties and the Supreme Court | p. 1 |
Civil Rights and Liberties: Building a Consensus | p. 1 |
Constitutional Foundations of Civil Rights and Liberties | p. 2 |
Constitutional Questions | p. 3 |
Purpose of This Book | p. 4 |
A Cultural Tribunal? The Supreme Court's Role in Diverse Society | p. 5 |
The Power and Operation of the Supreme Court | p. 10 |
Judicial Review | p. 10 |
An Independent Judiciary | p. 12 |
The Application of Judicial Review: Judicial Activism and Judicial Restraint | p. 14 |
Operation of the Supreme Court: How the Court Decides a Case | p. 16 |
Setting the Court's Agenda | p. 16 |
Requirements for Judicial Review | p. 17 |
Jurisdiction | p. 17 |
Rules of Access | p. 18 |
Granting Certiorari: The Decision to Hear an Appeal | p. 19 |
Oral Argument | p. 21 |
Conference and Vote | p. 22 |
The Opinion | p. 22 |
The Importance of the Court's Opinions | p. 23 |
Compliance and Implementation of the Court's Decisions | p. 24 |
Organization of This Book | p. 24 |
Finding the Full Text of The U.S. Supreme Court Opinions on the World Wide Web | p. 25 |
Freedom of Expression | p. 29 |
Subversive Political Speech: The Evolution of the Clear and Present Danger Doctrine | p. 30 |
The Rise and Fall of the Clear and Present Danger Test | p. 30 |
The Red Scare | p. 35 |
Guilt by Association | p. 40 |
Retreat from the Clear and Present Danger Test | p. 43 |
Inflammatory Words | p. 44 |
Economic Boycotts as Speech | p. 46 |
Symbolic and Offensive Speech | p. 48 |
Compulsory Flag Salute | p. 48 |
Conduct as Speech: Of Armbands, Draft Cards, and Flag Burning | p. 55 |
Offensive and Racist Speech | p. 66 |
Vulgar Language | p. 67 |
Hate Speech | p. 69 |
Regulating Hate Speech | p. 72 |
Competing Rights: Abortion Clinic Protests | p. 81 |
Concluding Comments | p. 87 |
Freedom of Religion and Freedom from Religion | p. 90 |
Free Exercise of Religion | p. 91 |
Balancing Religious Liberty with the Needs of Society | p. 91 |
Religious Exemptions to the Law | p. 91 |
A Narrowing Interpretation of the Free Exercise Clause | p. 102 |
Unorthodox Practices: The Use of Illegal Drugs and Animal Sacrifice as an Expression of Religious Belief | p. 105 |
Animal Sacrifice as Religious Conduct | p. 108 |
Hallucinogenic Tea in Religious Ritual | p. 110 |
The Establishment Clause and State-Sponsored Religion | p. 113 |
Separation of Church and State | p. 113 |
School Prayer | p. 115 |
Bible Reading | p. 119 |
Prayer at Football Games | p. 122 |
Financial Support of Religion | p. 125 |
Moment of Silence | p. 131 |
Teaching Creation Science versus Evolution | p. 134 |
Displays of Religious Symbols on Public Property | p. 143 |
Concluding Comments | p. 154 |
Due Process Rights and Criminal Justice | p. 159 |
Due Process and Incorporation | p. 159 |
Searches and Seizures | p. 165 |
The Exclusionary Rule | p. 165 |
Exceptions to the Warrant Requirement | p. 172 |
The Confusing World of Automobile Searches | p. 173 |
Searches of Mass Transportation | p. 178 |
The "Seizure" Question Revisited | p. 181 |
Clarifying Terry | p. 183 |
Media Ride-Alongs | p. 184 |
Electronic Eavesdropping | p. 186 |
Aerial Searches and Thermal Imaging | p. 191 |
The Right to Counsel | p. 197 |
Police Interrogations and the Fifth Amendment | p. 201 |
Miranda Revisited | p. 208 |
Cruel and Unusual Punishment | p. 211 |
Capital Punishment | p. 212 |
Victim Impact Statements | p. 221 |
Challenging the Method of Execution: Lethal Injection | p. 223 |
Concluding Comments | p. 226 |
Privacy: "The Right to Be Let Alone" or "The Right to Choose"? | p. 231 |
The Fourth Amendment and the Right to Privacy | p. 232 |
Drug Testing | p. 235 |
Privacy as Autonomy and Reproductive Freedom | p. 240 |
Elevation of Privacy to a Constitutional Right | p. 241 |
Abortion | p. 246 |
Roe v. Wade | p. 247 |
Post-Roe v. Wade | p. 250 |
"Partial Birth" Abortion | p. 265 |
Privacy and Sexual Orientation | p. 270 |
The Right to Die | p. 276 |
Physician-Assisted Suicide | p. 280 |
Concluding Comments | p. 283 |
Equal Protection of the Laws | p. 288 |
Racial Discrimination | p. 288 |
Separate but Equal | p. 288 |
Brown v. Board of Education | p. 292 |
Implementing Brown | p. 297 |
Desegregating Other Public Facilities | p. 302 |
Private Facilities | p. 303 |
Affirmative Action, Culture, and the Court | p. 306 |
A Return to Race-Based College and Public School Admissions Decisions | p. 316 |
Sex Discrimination | p. 327 |
Single-Sex Colleges: The VMI Case | p. 334 |
Sexual Harassment | p. 338 |
Discrimination on the Basis of Sexual Orientation: An Equal Protection Question? | p. 346 |
Concluding Comments | p. 353 |
Trends on the Supreme Court | p. 358 |
Revolution and Counterrevolution | p. 358 |
Freedom of Expression: New Standards of Review | p. 361 |
Church-State Issues | p. 362 |
Free Exercise of Religion | p. 362 |
Establishment of Religion | p. 363 |
Due Process | p. 364 |
Privacy: Transformation from a Constitutional Right to a Liberty Interest | p. 366 |
Abortion Rights | p. 367 |
Equal Protection: Respect for Precedent | p. 369 |
The Legacy of the Rehnquist Court | p. 370 |
The Supreme Court's Role In Our Diverse Culture: Some Final Thoughts | p. 374 |
Selected Further Readings | p. 378 |
Index of Cases | p. 381 |
Index | p. 385 |
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